§ 1552.
(c)
(1)
The Secretary concerned may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or for the repayment of a fine or forfeiture, if, as a result of correcting a record under this section, the amount is found to be due the claimant on account of his or another’s service in the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, or on account of his or another’s service as a civilian employee.
(2)
If the claimant is dead, the money shall be paid, upon demand, to his legal representative. However, if no demand for payment is made by a legal representative, the money shall be paid—
(A)
to the surviving spouse, heir, or beneficiaries, in the order prescribed by the law applicable to that kind of payment;
(C)
as otherwise prescribed by the law applicable to that kind of payment.
(3)
A claimant’s acceptance of a settlement under this section fully satisfies the claim concerned. This section does not authorize the payment of any claim compensated by private law before October 25, 1951.
(4)
If the correction of military records under this section involves setting aside a conviction by court-martial, the payment of a claim under this subsection in connection with the correction of the records shall include interest at a rate to be determined by the Secretary concerned, unless the Secretary determines that the payment of interest is inappropriate under the circumstances. If the payment of the claim is to include interest, the interest shall be calculated on an annual basis, and compounded, using the amount of the lost pay, allowances, compensation, emoluments, or other pecuniary benefits involved, and the amount of any fine or forfeiture paid, beginning from the date of the conviction through the date on which the payment is made.
(i)
Each board established under this section shall make available to the public each calendar quarter, on an Internet website of the military department concerned or the Department of Homeland Security, as applicable, that is available to the public the following:
(1)
The number of claims considered by such board during the calendar quarter preceding the calendar quarter in which such information is made available, including cases in which a mental health condition of the former member, including post-traumatic stress disorder or traumatic brain injury, is alleged to have contributed, whether in whole or part, to the original characterization of the discharge or release of the former member.
(2)
The number of claims submitted during the calendar quarter preceding the calendar quarter in which such information is made available that relate to service by a former member during a war or contingency operation, catalogued by each war or contingency operation.
(3)
The number of military records corrected pursuant to the consideration described in paragraph (1) to upgrade the characterization of discharge or release of former members.
(4)
The number and disposition of claims decided during the calendar quarter preceding the calendar quarter in which such information is made available in which sexual assault is alleged to have contributed, whether in whole or in part, to the original characterization of the discharge or release of the former member.
([Aug. 10, 1956, ch. 1041], [70A Stat. 116]; [Pub. L. 86–533, § 1(4)], June 29, 1960, [74 Stat. 246]; [Pub. L. 96–513, title V, § 511(60)], Dec. 12, 1980, [94 Stat. 2925]; [Pub. L. 98–209, § 11(a)], Dec. 6, 1983, [97 Stat. 1407]; [Pub. L. 100–456, div. A, title XII, § 1233(a)], Sept. 29, 1988, [102 Stat. 2057]; [Pub. L. 101–189, div. A, title V, § 514], title XVI, § 1621(a)(2), Nov. 29, 1989, [103 Stat. 1441], 1603; [Pub. L. 102–484, div. A, title X, § 1052(19)], Oct. 23, 1992, [106 Stat. 2500]; [Pub. L. 105–261, div. A, title V, § 545(a)], (b), Oct. 17, 1998, [112 Stat. 2022]; [Pub. L. 107–296, title XVII, § 1704(b)(1)], Nov. 25, 2002, [116 Stat. 2314]; [Pub. L. 110–417], [div. A], title V, § 592(a), (b), Oct. 14, 2008, [122 Stat. 4474], 4475; [Pub. L. 113–291, div. A, title V, § 521(a)], Dec. 19, 2014, [128 Stat. 3360]; [Pub. L. 114–92, div. A, title V, § 521], Nov. 25, 2015, [129 Stat. 811]; [Pub. L. 114–328, div. A, title V], §§ 533(a), 534(a), (b), Dec. 23, 2016, [130 Stat. 2121], 2122; [Pub. L. 115–91, div. A, title V], §§ 520(a), 521(a), (c)(1), title X, § 1081(a)(27), Dec. 12, 2017, [131 Stat. 1379], 1380, 1595; [Pub. L. 115–232, div. A, title VIII, § 809(a)], Aug. 13, 2018, [132 Stat. 1840]; [Pub. L. 116–92, div. A, title V], §§ 521(a), 523(b)(2)(A), Dec. 20, 2019, [133 Stat. 1353], 1354; [Pub. L. 116–283, div. A, title IX, § 924(b)(2)(A)(vi)], Jan. 1, 2021, [134 Stat. 3821]; [Pub. L. 117–263, div. A, title V, § 581], Dec. 23, 2022, [136 Stat. 2610].)